Law Assignment- Anubhav Bigamal ( Aoo7)

7/29/2019 Law Assignment- Anubhav Bigamal ( Aoo7)

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LAWS RELATING TO FOOD AND

NUTRITION IN INDIA

SUBMITTEDBY: ANUBHAV BIGAMAL

S.Y. BSc. Economics, NMIMS

R O L L N U M B E R : A 0 0 7

6 / 8 / 2 0 1 2

LAW

ASSIGNMENT


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An Overview:-

The food processing industry is one of the largest industries in India. It is ranked fifth in terms of

production, consumption, export and expected growth. Food Processing Industry is widely

recognized as a 'sunrise industry' in India having huge potential for uplifting agricultural economy,

creation of large scale processed food manufacturing and food chain facilities, and the resultant

generation of employment and export earnings.

Food Processing Industry is of enormous significance for India's development because of the vital

linkages and synergies that it promotes between the two pillars of the economy, namely Industry

and Agriculture. Food processing covers a spectrum of products from sub-sector comprising

agriculture, horticulture, Plantation, animal husbandry and fisheries. Essentially, the food industry

involves the commercial movement of food from field to fork.

Food processing industries in India-Regulatory Framework

Different laws govern the food processing sector in India. The prevailing laws and standards adopted

by the Government to verify the quality of food and drugs is one of the best in the world.

Multiple laws/regulations prescribe varied standards regarding food additives,contaminants, food

colours, preservatives and labelling in accordance with nutritional information and standards.

In order to rationalize the multiplicity of food laws, a Group of Ministers (hereinafter referred as

GoM) was recently set up to suggest legislative and other changes to formulate a modern,

integrated food law, which will be a single reference point in relation to the regulation of food

products. The food laws in India are enforced by the Director General of Health Services, Ministry ofHealth and Family Welfare, Government of India (GOI).

There are various food laws applicable to food and related products in India:-

Prevention of Food Adulteration Act (PFA), 1954 and Rules (Ministry of Health & Family Welfare).

The Standards of Weights and Measures Act, 1976, and Standards of Weights and Measures

(Packaged Commodities) Rules, 1977 .

Agriculture Produce (Grading & Marking) Act (Ministry of Rural Development).

Essential Commodities Act, 1955(Ministry of Food & Consumer Affairs).

Fruit Products Order (FPO), 1995.

Meat Food Products Order, 1973 (MFPO). Milk and Milk Products Order, 1992.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply

and Distribution) Act, 1992 and Rules 1993.

The Insecticide Act, 1968.

Export (Quality Control and Inspection) Act, 1963.

Environment Protection Act, 1986.

Pollution Control (Ministry of Environment and Forests).

Industrial Licenses.

BIS Act, 1986.

VOP (Control) Order 1947.

SEO (Control) Order -1967.


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The Prevention of Food Adulteration Act (PFA), 1954 focuses primarily on the establishment of

regulatory standards for primary food products, which constitute the bulk of the Indian diet. The

Central Committee for Food Standards, chaired by the Director General of Health Services, is the

decision making entity. The appeals process, however, is cumbersome and time consuming. All

imported products must adhere to the rules as specified in the regulation, including the labelling and

marking requirements.

The Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures

(Packaged Commodities) Rules, 1977 are legislative measures are designed to establish fair trade

practices with respect to packaged commodities. The rules prescribe that the basic rights of

consumers regarding vital information about the nature of the commodity, the name and address of

the manufacturer, the net quantity, date of manufacture, and sale price are provided on the label.

There are additional mandatory labelling requirements for food items covered under the PFA. The

Department of Consumer Affairs in the Ministry of Consumer Affairs, Food, and Public Distribution is

the regulatory authority and enforcement agency.

The fruit and vegetable processing sector is regulated by the Fruit Products Order, 1955 (FPO),which is administered by the Department of Food Processing Industries. The FPO contains

specifications and quality control requirements on the production and marketing of processed fruits

and vegetables, sweetened aerated water, vinegar, and synthetic syrups. All such processing units

are required to obtain a licence under the FPO and periodic inspections are carried out. Processed

fruit and vegetable products imported into the country must meet the FPO standards.

Meat Food Products Order, 1992 administers the permissible quantity of heavy metals,

preservatives, and insecticide residues for meat products. This order is equally applicable to the

domestic processors and importers of meat products. However, its implementation is weak due to

unorganized production in the domestic market and fewer imports.

Milk and Milk Products Order, 1992 order regulates the production, distribution, and supply of milk

products; establishes sanitary requirements for dairies, machinery, premises; and sets quality

control standards for milk and milk products. Standards specified in the order are also equally

applicable to imported milk products.

The Insecticide Act, 1968 envisages safe use of insecticides so as to ensure that the leftover

chemical residues do not pose any health hazard.

Export (Quality Control and Inspection) Act, 1963 aims at facilitating export trade through quality

control and inspection before the products are sold to international buyers.

Environment Protection Act, 1986 incorporates rules for the manufacture, use, import and storage

of hazardous microorganisms / substances / cells used as foodstuff.

Pollution Control (Ministry of Environment and Forests) Act requires a no-objection certificate from

the respective State Pollution Control Board is essential for all dairy plants.

After the enactment of the proposed Food Safety and Standards Bill, 2005 in India, the food

processing sector is governed by only one law and one regulator, instead of these 15 different laws.

With the simplified mechanism growth in the food-processing sector would kick-start, which is

needed to ensure higher growth for the agriculture sector.


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Food Safety and Standards Act, 2006

KEY PROVISIONS OF FSSA :-

1. Effectively regulate manufacture, storage, distribution and sale of food to ensure consumer safety

and promote global trade.2. Single reference point for Food Safety and standards, regulations and enforcement.

3. Codex Alimentarius Commission (Codex)

4. Prevention of

Unsafe/contaminated or sub-standard food

Sale of misbranded food

5. No article of food shall contain food additive, processing aid, contaminants or heavy metals,

insecticides or pesticides residue.

RESTRICTIONS ON ADVERTISEMENTS AND PROHIBITION OF UNFAIR TRADE PRACTICES

(Section 24) :-

Restriction on advertisements which are misleading or deceiving.

Prohibition on false representation of standard, quality or quantity offood.

Prohibition on false representation regarding the usefulness.

Prohibition on giving guarantee to the public of the efficacy of the article of

food which is not based on adequate justification.

Various Safety Standards:-

Bureau of Indian Standards (BIS)

The activities of BIS are two, the formulation of Indian standards in the processed foods sector andthe implementation of standards through promotion and through voluntary and third party

certification systems. BIS has on record, standards for most of processed foods. In general, these

standards cover raw materials permitted and their quality parameters; hygienic conditions under

which products are manufactured and packaging and labelling requirements. Manufacturers

complying with standards laid down by the BIS can obtain and "ISI" mark that can be exhibited on

product packages. BIS has identified certain items like food colours/additives, vanaspati, and

containers for packing, milk powder and condensed milk, for compulsory certification.

This takes into aspect the nutrition requirements are also met.

Directorate of Marketing and Inspection (DMI)

The DMI enforces the Agricultural Products (Grading and Marketing) Act, 1937. Under this Act,Grade Standards are prescribed for agricultural and allied commodities. These are known as

"Agmark" Standards. Grading under the provisions of this Act is voluntary. Manufacturers who

comply with standard laid down by DMI are allowed to use "Agmark" labels on their products.

Management Systems for Quality and Food Safety

ISO 9000 Quality Management SystemsThe ISO 9000 system is looked at as a system with minimum quality requirements. It builds a

baseline system for managing quality. The focus, therefore, is on designing a total quality

management system, one that complies with external standards, but includes the specific

requirement of industry and integrates elements of competitiveness. The millennium standard (ISO

9000:2000) has changed the focus from procedure to process. The main features of the ISO

9000:2000 standards are:


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Refinement in the presentation to make reading easy and elimination of general in auditable

statements such as "consideration shall be given

The present standard gave an impression that it was applicable to manufacturing situation though it

was applied in organizations of different types and sizes, including the service sector. The new

standard is a broad-based standard applicable to all sectors.In the new standards, approach has changed from continuous improvement to continual

improvement. Continuous improvement remained an implied approach to quality improvement in

ISO 9000.

Policies and Regulations:-

Since liberalization several policy measures have been taken with regard to regulation & control,

fiscal policy, export & import laws, taxation, exchange & interest rate control, export promotion and

incentives to high priority industries. Food processing and agro industries have been accorded high

priority with a number of important reliefs and incentives.

At present, no industrial license is required for almost all of the food & agro processing industriesexcept for some items like: beer, potable alcohol & wines, cane sugar, hydrogenated animal fats &

oils etc. and items reserved for exclusive manufacture in the small scale sector. Items reserved for

Small Scale Industry (hereinafter referred as SSI) include pickles & chutneys, bread, confectionery

(excluding chocolate, toffees and chewing-gum etc.), rapeseed, mustard, sesame & groundnut oils

(except solvent extracted), ground and processed spices other than spice oil and olioresins,

sweetened cashew nut products, tapioca sago and tapioca flour.

In order to boost the food processing sector, the Centre has permitted under the Income Tax Act a

deduction of 100 per cent of profit for five years and 25 per cent of profit in the next five years in

case of new agro processing industries set up to package and preserve fruits and vegetables. Excise

Duty of 16 per cent on dairy machinery has been fully waived off and excise duty on meat, poultry

and fish products has been reduced from 16 per cent to 8 per cent.

FDI in Food Sector

Actual FDI inflow in food processing sector in 2004-05 and 2005-06 (till November, 2005) was

Rs.332.00 crore. Automatic approval is granted for foreign investment upto 51% in high priority

industries which include all food processing industries (except milk food, malted foods and flour) and

all items of packaging for food processing industries. Investors need to file an application with the

Reserve Bank of India (RBI) in the prescribed format and approval is ordinarily granted within 15

days. For foreign investment higher than 51% and for investments in industries outside the high

priority industries, clearance has to be obtained from SIA. Applications are processed on a case bycase basis on merit and usually SIA takes about 2 months for the process. Applications for setting up

a 100% Export Oriented Unit is also required to be filed with the SIA. For setting up a unit in an

Export Processing Zone (EPZ), application has to be filed with the Development Commissioner of the

concerned EPZ. Foreign equity of upto 24% of the total shareholding is also being permitted in the

small scale sector.

Fiscal Policy & Taxation

Wide ranging fiscal policy changes have been introduced progressively. Excise & Import duty rates

have been reduced substantially. Many processed food items are totally exempt from excise duty.

Custom duty rates have been substantially reduced on plant & equipments, as well as on rawmaterials and intermediates, especially for export Production. Corporate taxes have been reduced


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and there is a shift towards market related interest rates.

There are tax incentives for new manufacturing units for certain years, except for industries like:

beer, wine, aerated water using flavouring concentrates, confectionery & chocolates etc. Indian

currency (rupee) is now fully convertible on current account and convertibility on capital account

with unified exchange rate mechanism is foreseen in coming years. Repatriation of profits is freely

permitted in many industries except for some, where there is an additional requirement of balancing

the dividend payments through export earnings.

Export Promotion

Food processing industry is one of the thrust areas identified for exports. Free trade zones (FTZ)

and export processing zones (EPZ) have been set up with all necessary infrastructure. Also, setting

up of 100% Export oriented units (EOU) is encouraged in other areas. They may import free of duty

all types of goods, including capital foods.

Capital goods, including spares of 20% of the CIF value of the Capital goods may be imported at a

concessional rate of Customs duty subject to certain export obligations under the EPCG scheme.

Export linked duty free imports are also allowed. Units in EPZ/FTZ and 100% Export oriented units can retain 50% of foreign exchange receipts in

foreign currency accounts.

50% of the production of EPZ/FTZ and 100% EOU units are saleable in domestic tariff area.

All profits from export sales are completely free from corporate taxes. Profits from such exports

are also exempt from Minimum Alternate Tax (MAT).

New Opportunities: In India

In India the Food Processing Industry is relatively nascent and offers opportunities for FDI. It

accounts for Rs 1,280 billion (US$29.4 billion), in a total estimated market of Rs 3,990 billion

(US$91.66 billion). There is a rapidly increasing demand for processed food caused by rising

urbanization and income levels. To meet this demand, the investment required is about US$28

billion. Food processing has been declared a priority sector.

The Government has recently established Special Economic Zones with the purpose of promoting

exports and attracting FDI. These SEZs do not impose duty on imports of inputs and they enjoy

simplified fiscal and foreign exchange procedures and allow 100% FDI.

The Government is also moving towards introducing an integrated food law, which is expected to

help meet the requirements of international trade and make the Indian food industry competitive inthe global market. To harness the value-creating potential of agro processing, superior market

mechanism and infrastructure are required to be created. State governments have already begun to

actively encourage the creation of aggregators by encouraging companies to engage in agriculture

marketing. It is believed that this may provide the basis to jumpstart private investment into cold

chain and other supply chain infrastructure.

NUTRITION:-

There are no laws pertaining to nutritional standards as such in isolation but the food laws discussed

above are comprehensive enough to incorporate the nutritional standards as well. In India howevermalnutrition has been a curse and government has taken various programmes to address


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malnutrition. These programmes are as follows and some of them are discussed below which have

been significant enough. These are:-

National Nutrition Policy Integrated Child Development Services (ICDS) Kishori Shakti Yojana, a nutrition programme for adolescent girls Rajiv Gandhi Scheme for Empowerment of Adolescent Girls. Mid-day Meals Programmes Sarva Siksha Abhiyan National Rural Health Mission National Urban Health Mission Rashtriya Krishi Vikas Yojana National Food Security Mission National Horticulture Mission Rajiv Gandhi Drinking Water Mission Swarna Jayanthi Gram Swarajgar Yojana Mahatma Gandhi National Rural Employment Guarantee Programme Antyodaya Anna Yojana andAnnapoorna

The Nutrition Policy of 1993The nutrition policy of 1993 outlines the nutritional status of India and the importance of such a

document. At the time in 1993 there were already a number of mechanisms in place to address the

issue of mal-nutrition and under-nutrition such as the Integrated Child Development Services (ICDS),

Special Nutrition Programme, and Wheat Based Nutrition Programme etc. The policy outlines a few

additional provisions to ensure proper nutrition of all populations.

Under the direct, short term services section the policy calls for the need to expand the ICDS and

similar programmes to cover the actual population of children in India. It is also required that

mothers be given the proper information and support to provide for their children by growth

monitoring for effective nutrition. Adolescent girls and expecting mothers also need to be taken into

the purview of programmes. Foods provided to society need to fortify against nutrient loss, low cost

nutritious food needs to be produced for poorer families, and programmes should attempt to

address and prevent nutrient deficiencies especially among women, expecting and nursing mothers

and children.

Under indirect long term and structural changes the policy calls for the establishment of food

security reserves. The dietary patterns of people need to be adjusted for better health by producing

healthier food, increasing agriculture input to yield high nutrient foods, and aligning the food and

agricultural policies to the nutritional needs of the nation. There is a need for poverty alleviation

programmes and a functional public distribution system to ensure that poor families are capable of

buying food. There is need for basic land reforms to address the needs of the landless poor. Health

services under the Health and Family welfare Ministry also ties into the nutritional needs of the

populations and hence should be strengthened. Awareness about basic health and nutrition is vital

to a healthier population. There is also a need to strengthen surveillance of nutrition especially of

children, adolescent girls and pregnant mothers. Other areas that require government

implementation, intervention and assistance is monitoring of programmes, administrating minimum

wage, insuring effective community participation, and education.
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Programmes and Schemes

The Ministry of Women and Child Development has come up with several schemes deciding the

norms of child nutrition. These are:

National Guidelines on Infants and Young Child Feeding: These guidelines emphasize theimportance of breast feeding. Breast feeding must commence immediately after birth and continue

exclusively for six months before other forms of milk are introduced. Appropriate and adequate

complementary feeding must commence there after and breast-feeding can continue for up to two

years.

The Integrated Child Development Services Scheme:is one of the most comprehensiveschemes on child development in the country and perhaps in the world. The Ministry of Women and

Child Development has been running the scheme since 1975 in pursuance of the National Policy for

Children. It aims at providing services to pre-school children in an integrated manner so as to ensure

proper growth and development of children in rural, tribal and slum areas. This centrally sponsored

scheme also monitors nutrition of children.

Udisha: In Sanskrit means the first rays of the new dawn. It is a nationwide training component ofthe World Bank assisted Women and Child Development Project. Udisha has been cleared with an

outlay of about Rs.600 crores for five years. UNICEF is also a technical collaborator in the

Project. The programmes aims to train child care workers across the country. Its scope reaches as far

are remote villages.

Training Programmes under Udisha The Udisha Team Udisha at the State level

National Policy for Childrenlays down that the State shall provide adequate services towardschildren, both before and after birth and during the growing stages for their full physical, mental and

social development.

National Charter for Childrenemphasizes Government of India's commitment to children's rightsto survival, health and nutrition, standard of living, play and leisure, early childhood care, education,

protection of the girl child, empowering adolescents, equality, life and liberty, name and nationality,

freedom of expression, freedom of association and peaceful assembly, the right to a family and the

right to be protected from economic exploitation and all forms of abuse.

National Plan of Action for Childrenincludes goals, objectives, strategies and activities forimproving the nutritional status of children, reducing Infant Mortality Rate, increasing enrolment

ratio, reducing drop-out rates, universalisation of primary education and increasing coverage for

immunization.

The list looks impressive but the issue of child nutrition is still weak. Newspaper reports by The

Hindu state that 42.5% of children who are below five years of age are underweight. Also, about 40%

of children who are below three years old are undernourished.

However Indias struggle for a holistic and healthy development in the arena of food and nutrition

goes on till date and these laws, policy programmes are endeavouring to achieve the same holistic

long term goal of building a healthy nation.
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Law Assignment- Anubhav Bigamal ( Aoo7)

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